Labor Relations Corner

  • 2020-11.23 _ Rest Periods/Breaks
    • We often deal with grievances regarding a failure to take breaks on the jobsite. In many instances, it was the employees on site, working with their on-site supervisor, who all decide to forego their breaks so they can leave early, avoiding traffic. This article reminds everyone of their obligations regarding rest periods/breaks, regardless of whether the employer or their representatives (Foreman or Superintendent) condone the activity.
  • 2021-11.15 _ Overtime
    • Each collectively bargained agreement negotiated by NECA and IBEW has provisions concerning overtime.  To compliment the information in the attached article, we have put together a helpful spreadsheet highlighting the different overtime/double time provisions in the agreements.
  • 2022-05.16 _ Grievances
    • Each collectively bargained agreement has a different set of grievance procedures, but the key thing to note is that if the Union brings forth a grievance, remember NorCal NECA represents you and your business! Please contact us if you receive a grievance from the Union.
  • 2022-08.08 _ Subletting Clause
    • This article is a friendly reminder that every collectively bargained agreement between NECA and the IBEW has a section concerning the subletting or sub-contracting to non-union employers. Subletting is Category One Language, meaning that the language must be inserted into each Inside Agreement between the IBEW and NECA, verbatim.
  • 2024-01.31 _ Navigating Incentive Pay, Per Diems and Overtime
    • Often, employers use per diems, incentive pay, or other forms of payment to attract workers to a project. Recently, this practice has attracted the attention of the Department of Labor (DOL) and resulted in unfavorable findings for the employers involved. When attempting to determine the reason for the findings, the focus seems to land on the per diem and/or incentive payments. However, the culprit is the employee’s regular rate of pay under the Fair Labor Standards Act (FLSA).
  • 2024-02.23 _ Navigating Mandatory, Permissive & Illegal Subjects of Bargaining
    • Collective bargaining isn’t just a handshake deal – it’s a carefully strategized journey down a nuanced highway with three distinct lanes: Mandatory, Permissive, and Illegal. Navigating these lanes effectively means understanding their boundaries and how they impact the relationships of the parties during negotiations.
  • 2024-03.25 _ NEBF Participation Agreement
    • The NEBF and the Trustees met and discussed numerous industry matters related to the national funds. An item that the NEBF administrators have highlighted as an issue for numerous employers remains Participation Agreements. Read more about NEBF Participation Agreements with this Labor Relations Bulletin.
  • 2024-03.25 _ Favored Nations: Different is Not Better
    • Favored Nations language is in each Inside and Low Voltage Collectively Bargained Agreement.  The section states “The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement, and the Union shall immediately notify the Employer of any such concession.” Read more about Favored Nations in this Labor Relations Bulletin.
  • 2024-04.04 _ 8(f) vs. 9(a) Relationships Under the NLRA: A Balancing Act in Construction
    • From time to time, a signatory construction employer may receive a letter asking them to sign a statement such as the following: “The Employer agrees that if a majority of its employees authorize the Local Union to represent them in collective bargaining, the Employer will recognize the Local Union as the NLRA Section 9(a) collective bargaining agent for all employees performing electrical construction work within the jurisdiction of the Local Union on all present and future jobsites.” Read more about what this means in the Labor Relations Bulletin.
  • 2024-04.11 _ The ABC’s of Letters of Assents
    • NECA and the IBEW boast a long and successful history of collaboration. This strong partnership fosters a stable environment for electrical contractors by establishing clear labor relation guidelines through a framework known as Letters of Assent. Click here to read more about Letters of Assent in this Labor Relations Bulletin.
  • 2024-04.18 _ Ground Rules for Negotiations
    • Negotiation, the art of reaching an agreement, thrives on a foundation of mutual understanding and respect.  While the specific agenda and objectives hold undeniable importance, the ground rules that govern the interaction between the parties often prove equally crucial for a successful outcome.  This Labor Relations Bulletin explores the best practices for ground rules.
  • 2024-04.19 _ Labor-Management Decisions: More than Whole
    • NECA and the IBEW have worked to ensure a robust internal dispute resolution process designed to prevent disruptions and ensure industry efficiency through the Labor-Management Committee (LMC). The LMC plays a crucial role in this process by diligently adhering to the CBA when resolving issues. Read more on Labor-Management decisions in this Labor Relations Bulletin.
  • 2024-04.26 _ Changes to Noncompetes and Federal Overtime Law
    • On April 23, 2024, there were two separate significant news stories NECA members should be aware of. First, the Federal Trade Commission modified rules on non-compete clauses. Second, the Biden administration increased the compensation thresholds for overtime eligibility. While these changes will primarily impact non-bargained level employees, NECA members should remain up to date on these changes as modified on April 26, 2024, and potentially in the future from legal challenges.
  • 2024-04.26 _ Deferral Under the Collyer Doctrine
    • The intricacies of the labor management relationship in the United States are punctuated by landmark doctrines that shape the landscape for unions and employers. One such influential principle is the concept of deferral. When an Unfair Labor Practice (ULP) charge is filed, the National Labor Relations Board (NLRB) reviews the case and makes a ruling for the case like a legal proceeding. In some cases, the NLRB may defer a case, which is a policy that encourages the use of dispute resolution mechanisms outlined in collective bargaining agreements, such as those between NECA and the IBEW, namely the Labor-Management process culminating in the usage of the Council on Industrial Relations (CIR) if necessary.
  • 2024-05.10 _ Portal-to-Portal Act of 1947
    • When and where does the workday begin? Who decides? Imagine a vast manufacturing plant with a security checkpoint or a data center requiring employees to be bussed to different work areas. Does the workday begin when the employee walks through the gate, boards the bus, or arrives at their designated workstation? What about time spent putting on safety gear in a clean room? The Fair Labor Standards Act (FLSA) of 1938 established minimum wage and overtime pay requirements, but a grey area emerged regarding compensable non-productive work time. The Portal-to-Portal Act, U.S. Code, Title 29 Chapter 9, helps to provide clarity to those questions.
  • 2024-06.28 _ NECA Wage and Agreement Database
    • The NECA Labor Relations department reminds NECA members and Chapter Staff that efforts are ongoing to build and maintain a comprehensive Wage and Agreement Database. This remains accessible only to individuals with a login as a NECA member, NECA Chapter staff member, or NECA National staff to the NECA website. There are close to 230 Inside, Outside, VDV and Residential Agreements and wage information. These wage records are searchable by Region, State, Chapter, Local Union Number and Agreement Type. It also identifies within the wage record the structure of benefits such as Defined Benefit or Defined Contribution Pension Plan. Read more here.
  • 2024-06.28 _ Pyramiding of Overtime Rates
    • The Category I “Shift Clause” has a provision that states, ‘There shall be no pyramiding of overtime rates…’ and the question comes up occasionally asking what “pyramiding means. Click here to read the bulletin from the NECA Labor Relations team.
  • 2024-07.19 _ Guidance on Apprenticeship Ratio Clause
    • From time-to-time disputes arise relating to building a crew of workers under the Apprentice Ratio Clause. It was considered unnecessary and repetitive to include a fully developed table in the language that would appear in the agreement, but inasmuch as questions concerning the application of this language continue, provided in this Labor Relations Bulletin are two illustrations (formula and table) of how to quickly determine the maximum number of apprentices that may be worked on a particular job under the standard provision.
  • 2024-08.09 _ Secondary Boycotts and Sympathy Strikes
    • Section 8(b)(4) of the National Labor Relations Act (NLRA) outlines important guidelines for managing secondary boycotts, protecting neutral employers from being involved in disputes between unions and primary employers. The NLRA permits union to strike or picket against their direct employer (primary). However, it prohibits actions that coerce a neutral (secondary) employer into ceasing business relations with the primary employer as well as certain actions from employees of the primary employer to adversely affect a neutral employer. This distinction helps prevent businesses not directly involved in labor disputes from facing undue disruptions.
  • 2024-08.23 _ LMCC Contributions to Unions
    • From time to time, contractors, local chapters and local LMCC’s are asked to contribute to certain union sponsored events and initiatives, so the question was asked to legal counsel of whether providing money (or other things like gifts or prizes) to the union for an anniversary celebration, dinner, golf outing or retirement celebration is permissible under the law. Learn more about about these contributions in this Labor Relations Bulletin.
  • 2024-09.06 _ ERISA and its Role in Managing Employee Benefit Funds
    • The Employee Retirement Income Security Act of 1974 (ERISA) is a cornerstone of federal law that governs the management and operation of employee benefit plans in the United States. It applies to various types of funds, including Health and Welfare Funds, Pension Funds, Annuity Funds, Vacation Funds, Joint Apprenticeship Training Committee (JATC) Funds, Retirement Supplement Funds, and other similar funds. Understand the technical aspects of ERISA, including the rules and regulations that establish and govern these funds, is essential for fiduciaries and administrators responsible for ensuring compliance and protecting the interests of plant participants.
  • 2024-09.19 _ Consent Orders in NLRB Cases: Reversal Once Again
    • On August 22, 2024, the National Labor Relations Board (NLRB) issued a decision discontinuing the practice of using consent orders to settle labor disputes. The Board stated that it “should instead entirely end the practice of approving consent orders,” citing the ruling in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras and Unidad Laboral de Enfermeras(os) y Empleados de la Salud, 372 NLRB No. 115 (2024). This decision signals a significant departure from a longstanding mechanism used to expedite the resolution of disputes without prolonged litigation.
    • Historically, consent orders have provided a means for resolving labor disputes through negotiated agreements between unions, employers and the NLRB, thus avoiding drawn out legal proceedings. Unlike settlement agreements, which require mutual consent and negotiation between both parties, consent orders are enforced by the NLRB with less negotiation, requiring compliance with terms to address violations swiftly. Over the years, however, the use of consent orders has been shaped by key judicial rulings, reflecting shifts in how labor disputes are handled.
  • 2024-09.20 _ Association Anti-Trust Compliance
    • Anti-Trust compliance is critical for associations like NECA, particularly those comprised of competitors. Associations must be vigilant in their operations to avoid Anti-Trust violations, which can result in severe civil and criminal penalties.
  • 2024-10.25 _ Computer Mediated Learning (CML)
    • As the education needs of apprentices, CW/CE and Journeylevel workers alike continues to evolve, so has the methods and manners for which training is available. Previously, the electrical training ALLIANCE (etA) offered blended learning for bringing technology and web-based education to NECA-IBEW electricians of all classifications. This has evolved to Computer-Mediated Learning (CML).CML was launched with the support of both the NECA and IBEW Workforce Development National Task Force. The NECA side of the Workforce Development Task Force is led by a NECA District Vice-President, NECA’s two etA Trustees, and a contractor member from each NECA District as appointed by the respective Vice-President.

      CML continues to be built by the training subject matter experts of the electrical industry, the etA, with support from a full CORE/CML committee that meets twice in-person annually and with several working groups that meet monthly. Read more about the potential benefits of CML.

  • 2024-10.31 _ Management’s Rights
    • In labor relations, Management’s Rights clauses are essential for defining the authority that employers retain over workplace operations, ensuring the efficient management of their businesses while respecting the terms and conditions of Collective Bargaining Agreements. Under the IBEW-NECA Pattern Agreement Guide (PAG), Section 2.02 outlines management’s rights. While broad, these rights are not unlimited and must be exercised within the framework of labor law and the specific terms of local CBA’s.